TM Functions General

Question 1

What are TM functions?

Answer 1

Budweiser: 28 functions

L’Oreal v Bellure: Non-Exhaustive list - essential function + other functions: quality, comm, inv and ad.

Christian Dior v Evora: Quality part of essential function.
Others merely a derivative of origin function.

Question 2

Justifications for Origin function

Answer 2

Must possess and maintain the ability to distinguish one undertaking from another.

The central reason behind TM (a functional doctrine: protect signs to protect messages - economic arguments)

Question 3

Justifications for Quality function

Answer 3

Performs an additional but independent role to origin.

Although not amounting to a representation of quality (NB quality perhaps in the sense of a quality), has been said to guarantee such.

Not really a guarantee at all, but likely to avoid disappointment.

Question 4

Justifications for Com/Ad/Inv functions

Answer 4

Protection of brands: time and effort, growing social importance and (Schecter) selling power of a mark - protection against ‘dilution’.

Stronger brands = better communication (however introduction fo false wants and needs may damage the economic argument?)